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Home My WebLink About9D - Law Enforcement labor Agreement MEETING DATE: AGENDA #: PREPARED BY: SUBJECT: DISCUSSION: STAFF AGENDA REPORT APRIL 5, 1999 ~~ET WOODSON, ASSISTANT CITY MANAGER _JS CONSIDER APPROVAL OF RESOLUTION 99.x:x RATIFYING LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING SUPERVISORS FOR 1999. History The Supervisors bargaining unit representing eleven employees was formed in 1994. Initially, the unit was an association which represented itself in negotiations. However, in 1996 the unit became affiliated with the Minnesota Teamsters. The initial contract between the City and this bargaining unit was approved in April of 1997 and covered the years 1995 - 1997. Then in December 1997, a one year agreement was approved for the year 1998. Current Circumstances We have drafted an agreement with the Supervisor's Unit for 1999 in accordance with the Public Employee Labor Relations Act (PELRA). This Agreement stems from negotiations which occurred during the last few months. We worked to develop an agreement which is reasonable economically and features prudent terms. The Agreement for which Council ratification is requested meets both criteria. Virtually all of the language has remained from the past Agreement with this Unit. There were a few minor changes and housekeeping modifications. The only substantive language additions I clarifications were tuition reimbursement and specific license reimbursement. Both of these items are consistent with other Labor Agreements within the City as well as the language in our Personnel Policy. 16200 Eagle Creek Ave. S.L, Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: CCSUPER.DOC Fiscal Impact The major items of the proposed contract that will have a fiscal impact include wages and the employer contributions towards health insurance. As far as wages, the City of Prior Lake has historically paid around the average for similar sized cities within the metro area. This proposed agreement is fairly consistent with that philosophy, although most of our employees are still below the actual average. The Agreement for which Council ratification is requested includes a 2.75% general wage increase for the Supervisor's Bargaining Unit for 1999. It also includes a market adjustment of .45% for each of the eleven members. Two additional market adjustments of approximately 1.6% were made to both the Planning Director and the Parks and Recreation Director. These adjustments take into consideration internal equity issues as well as external market comparisons. The employer contribution towards health insurance premiums includes an increase of $10 per month for family coverage. Attached for City Council information is a copy of the Bureau of Mediation Services Uniform Settlement Form, which portrays the actual cost increase associated with the Agreement. The City is required to submit this form to the State upon approval and ratification of complete labor agreements. The total package price of the new Labor Agreement when compared to the baseline of the previous year is 3.52%. The 1999 Operating budget has adequate funds to administer the contract including both the wage increase as well as the health insurance contribution increase. Conclusion Labor Agreements typically do not provide complete satisfaction to either party. This Agreement represents an equitable conclusion of bargaining which allows us the opportunity to focus upon the issues at hand, which are considerable in our growing community. The Council has the following alternatives: 1. Approve Resolution 99-XX Ratifying the Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees Representing Supervisors for 1999. 2. Defer action on the Labor Agreement subject to receipt of additional information. RECOMMENDATION: Staff recommends Alternative #1 ACTION REQUIRED: Motion and second to Adopt Resolution 99-XX Ratifying The Agreement with the Supervisor's Bargaining Unit. CCSUPER.DOC It ~~ :FINNESO RESOLUTION RATIFYING LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING SUPERVISORS FOR 1999 RESOLUTION 99-XX MOTION BY: SECOND BY: WHEREAS, the Public Employee Labor Relations Act as amended requires that the City negotiate with the exclusive bargaining representative for groups of essential and non-essential employees; and, WHEREAS, the Minnesota Teamsters Public and Law Enforcement Employees represent Prior Lake supervisory personnel; and, WHEREAS, negotiations have taken place which have resulted m a Labor Agreement for 1999; and, WHEREAS, the employees who make up the Teamsters supervisory bargaining unit have ratified said agreement; and, WHEREAS, the Agreement becomes effective on January 1, 1999; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it hereby ratifies the Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees, January 1, 1999 through December 31, 1999; and, BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the above referenced labor agreement. Passed and adopted this 5th day of April, 1999. YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner 16200 ESW<E-~ltSeDs)~, Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER {Seal} City Manager City of Prior Lake SUPERRES.DOC TEAMSTERS MANAGEMENT - Labor Contract I ~__ _~_ _I _____ _ _ =l H! r '~~~S'"~~l ~rm D,ti ~~___ .~. 12131: ~;~~-r:;~:"l'~'-- -:-=. .: .uu -~__ - -:--=-_ ,~:~~r:S====-~~--= ~--~a_t~-=- --- 603,538 ~::::;~t~~-r_l{~~ -~-- ~~~ ~:~erear-- 624,915- --------~-~~--- --- --- +------- -~-I-------------- Base Social Security Contribution 0.0620 29,478 1,071 Base Social Security Contribution 30,549 --- Base Medicare Contribution 0.0145 8,751 310 Base Medicare Contribution 9,061 --- 0.0518 24,628 895 Base PERA Contribution (COORD) 25,523 ---- 0.1140 14,602 467 Base PERA Contribution (POLICE) 15,069 ---------- ----- -----~-~-~-~----- 38,045 1,373 Base Medical Insurance 39,419 .--- - ---~ -.- -~_ 4.~~_ __ -t--~= ~~ :l:~E:E!i~~::comp~~Ho 4.~:~ - - __ -------------- - un I -- - -~-- - --- ----- - -~--------~ - --- ~ ---~--- ------~ - ----- --- - ------ l ~,494~___~_ ____ I i 1 Base PERA Contribution (COORD) Base PERA Contribution (POLICE) Base Medical Insurance Base Dental Insurance Base Life Insurance --- ~--- ~- ------- ._------~-_.._----- Base - Other Forms of Compensation Base~e;r T--O~: Ba:~n~-~~-I= To.~I_~ First Year Settlement __ --~-- -- --~---- 724,791 -- Total $ Change % Change from Baseline 750,285 2 9 ----- 1-~------ -~~=~-- - -= J-~=- -:=:= _1.298 T~ta~1 Mo. Prem, _____ 8,165 I 183.72 29,880 i----- 425.00 ____ -I -----I--~--f__----- 38.04~j .._ .... ., _ _ .. .. 443L___ 18.46 ::~~:i ... 4:0 _ .. I ~~;l-- - ~:~~ 9851 3.52% ----- --~~---- 750,285 ------- -- - ----- - ---- Health Insurance Mo, Premo ---- ~ --- 170.11 __ __u____ _ _ 415.00 -- ----~- Emp.# 4 6 1999 Total 8,819 30,600 39.419 Single ('98) Family ('98) -_._----~ Grand Total -~I--------- -1---- ----- Dental Insurance Single ('98) Family ('98) Grand Total 18.46 40.00 2 9 443 4,320 4.763 -- ------ -~ ------- Life Insurance Single ('98) Family ('98) Grand Total ---------- 6.40 ------- 7.70 ---- ----- ---- 154 832 985 mgml99 Page) 1O:36AM3/1'1/Y9 COLLECTIVE BARGAINING AGREEMENT between CITY OF PRIOR LAKE, MINNESOTA and MINNESOTA TEAMSTERS AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 REPRESENTING: SUPERVISORY UNIT January 1, 1999 to December 31, 1999 TABLE OF CONTENTS ARTICLE I - PURPOSE OF AGREEMENT.............................................................. 1 ARTICLE II - RECOGNITION .................................................................................. 1 ARTICLE III - DEFINITIONS.................................................. ............ ....................... 1 ARTICLE IV - EMPLOYER AUTHORITy.............................................................. 2 ARTICLE V - UNION SECURITy............................................................................ 3 ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .................. 3 DEFINITION OF A GRIEVANCE....... ............................ ....... ......... .............. 3 UNION REPRESENTATIVE......................................................................... 4 PROCESSING OF A GRIEVANCE ...............................................................4 PROCED1JR.E.................................................................................... .............. 4 ARBITRATOR'S AUTHORITy.................................................................... 5 WAIVER.......................................................................................................... 6 ARTICLE VII - SAVINGS CLAUSE ......................................................................... 6 ARTICLE VIII - DISCIPLINE OF NON-PROBATIONARY EMPLOYEES........... 6 ARTICLE IX - PROBATIONARY PERIOD ............................................................. 7 ARTICLE X - VACATION LEAVE........................................................................... 8 ARTICLE XI - HOLIDAYS ........................................................................................ 9 ARTICLE XII - LEAVE FOR DEATH IN THE FAMILy........................................ 9 ARTICLE XIII - SICK LEAVE AND SEVERANCE PAy....................................... 9 ARTICLE XIV - INSURANCE................. ..... ............................ ...... ........................ 10 ARTICLE XV - LONGEVITY PAy......................................................................... 11 ARTICLE XVI - SALARIES - .................................................................................11 ARTICLE XVII - VEHICLE ALLOWANCE & MILEAGE REIMBURSEMENT 11 11 ARTICLE XVIII - INJURY ON DUTy................. ........ .............................. ............. 12 ARTICLE XIX - HOURS OF SERVICE.................................................................. 13 ARTICLE XX - TUITION REIMBURSEMENT .................................................... 13 ARTICLE XXI - LICENSE REIMBURSEMENT ................................................... 13 ARTICLE XXII - DURATION ................................................................................ 14 APPENDIX A - SALARIES ...................................................................................... A APPENDIX B - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEMENT CHART......................................................B 11l ARTICLE I - PURPOSE OF AGREEMENT This Agreement is entered into between the City of Prior Lake, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' entire agreement upon terms and conditions of employment contained herein for the duration of this Agreement. ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative for all employees in a unit certified in Case No. 95-PCE-154 by the State of Minnesota Bureau of Mediation Services. Since that certification, the City has changed certain job titles. The unit is now described as follows: All supervisory employees of the City of Prior Lake, Minnesota, in the positions of: Public Works Director, Assistant Engineer, Public Works Supervisor, Planning Director, Planning Coordinator, Park and Recreation Director, Recreation Supervisor, Parks Supervisor, Building Official, Police Chief, and Police Lieutenant, who are public employees within the meaning of Minn. Stat. 179A.03, Subd. 14, excluding confidential and all other employees. 2.2 In the event the EMPLOYER and the Union are unable to agree as to the inclusion of a new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. ARTICLE III - DEFINITIONS 3.1 UNION: Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.3 EMPLOYEE: 3.4 EMPLOYER: 3.5 PROBATIONARY EMPLOYEE: 3.6 UNION OFFICER: 3.7 CITY MANAGER: 3.8 DAYS: A member of the bargaining unit as defined in Section 2.1. The City of Prior Lake. The Employer may designate the City Manager or other designee to carry out the provisions of this Agreement on behalf of the City. An employee who has not completed the required probationary period of one (1) full year of continuous service to the EMPLOYER in a bargaining unit position for which the employee was hired or into which the employee was promoted. Officer elected or appointed by the Union. The head of the administrative branch ofthe City government pursuant to Minnesota Statutes. The term "day" or "days" means calendar days which shall be counted for purposes of the provisions of this Agreement by excluding the day of the event, act, or default and counting the next day as the first day of the period. The last day of the period will be counted unless it is a Saturday, Sunday, or holiday. In such an event, the next day that is not a Saturday, Sunday or holiday will constitute the last day of the period. ARTICLE IV - EMPLOYER AUTHORITY 4.1 The EMPLOYER reserves all inherent managerial rights and policies. Employees may not file grievances over the EMPLOYER'S exercise of inherent managerial rights or interpretation or application of laws, rules, or regulations. 4.2 The EMPLOYER retains the full and unrestricted rights as follows: to operate and manage all employees, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to plan, control the operations and services of any and all departments; to select, direct, and determine the number of personnel; to assign, reclassify, and transfer employees; to determine whether goods or services should be made or provided by employees, purchased or contracted out for; to establish work schedules; to hire; to promote; to relieve 2 employees consistent with the procedures set forth in this Agreement; and to establish and enforce rules and regulations consistent with the terms and conditions of employment set forth in this Agreement. 4.3 Effective after December 31, 1997, any term or condition of employment not specifically set forth in this Agreement will remain solely within the discretion of the EMPLOYER. Either during an open window period for bargaining or by mutual agreement, the Union may place on the table for negotiation a proposal that is a term and condition of employment. Nothing in this agreement shall be construed to affect the EMPLOYER'S management rights regarding any employee who is not a unit member under this Agreement. 4.4 Nothing in this agreement shall prohibit or restrict the right of the EMPLOYER to subcontract work normally done by employees covered by this Agreement. The EMPLOYER shall give sixty (60) days of notice to the Union of any subcontracting that results in the loss ofthe duties of an employee. ARTICLE V - UNION SECURITY 5.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 5.2 Upon receipt of written request by the Union the EMPLOYER agrees to deduct from the wages of those employees who are not members of the Union a fair share fee that shall not exceed eighty-five percent (85%) of the regular monthly dues and shall forward such monies to the Union. This provision shall remain operative only as long as it is specifically provided by law and is otherwise legal. In the event that a unit member disputes a fair share fee assessment, the Union shall hold the EMPLOYER harmless and indemnify it, including but not limited to, its actual attorney's fees in defending against the claim. 5.3 The Union may designate an employee from the bargaining unit to act as steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 5.4 The EMPLOYER shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE 3 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. A grievance must be submitted in writing to the EMPLOYER within twenty-one (21) days after either the date of the occurrence of the first event given rise to the grievance or the date the grievant knew or should have known of the occurrence of the first event giving rise to the grievance. Allegations shall not be considered to be renewed with each pay period. 6.2 UNION REPRESENTATIVE The EMPLOYER will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the EMPLOYER in writing of the names of such Union representatives and of their successors when so designated as provided by Article 5.3 of this Agreement. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the Union and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the employee and the Union representative have notified and received the prior approval of the EMPLOYER who has determined that such absence is reasonable and would not be detrimental to their work for the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1 shall be resolved in conformance with the following procedure: STEP 1 An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer in writing to such Step 1 grievance within ten (10) days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) days after the EMPLOYER- designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) days shall be considered waived. In the case of department heads, the appeal from Step 1 shall be directly to Step 3. 4 STEP 2 If appealed, the written grievance shall be presented by the Union and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the Union the EMPLOYER'S Step 2 answer in writing within ten (10) days after receipt of such grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) days following the EMPLOYER designated final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) days shall be considered waived. STEP 3 A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor relations Act of 1971 as amended. The Union shall notify the EMPLOYER of its intentions to arbitrate the grievance within ten (10) days following the EMPLOYER-designated representative's final Step 2 answer. If the parties are unable to agree on the selection of an arbitrator, the Union shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 5 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the Union in each step. ARTICLE VII - SAVINGS CLAUSE This Agreement is subject to law. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE VIII - DISCIPLINE OF NON-PROBATIONARY EMPLOYEES 8.1 The EMPLOYER will discipline non-probationary employees for just cause. 8.2 When the EMPLOYER determines that immediate action is required, the employee may be suspended with pay pending the completion of an investigation. 8.3 Notice to employees of suspensions, reprimands, demotions, and discharges will be in written form. The Union shall be provided with a copy of such notices. 8.4 Employees may examine their own individual personnel files at reasonable times subject to monitoring by the EMPLOYER. 8.5 An employee has the right to request Union representation for any disciplinary action by the EMPLOYER. 8.6 Any form of discipline short of discharge will be subject to the grievance procedure in Article VI of this Agreement. Discharges will be subject to this Section 8.6 notwithstanding any other provision of this Agreement to the contrary. 8.6.1 If the EMPLOYER delivers a written notice of discharge to an employee, then the employee shall have ten (10) days to file a written request for a hearing. Failure to timely file a written request for a hearing shall constitute acquiescence to the discharge. 8.6.2 The hearing shall be conducted by a three-person panel. The 6 shall appoint one person, the EMPLOYER shall appoint one person, and these two individuals shall select a third person by striking names from the permanent panel of arbitrators selected by the parties through a process of each submitting a list of seven (7) arbitrators' names with an odd number greater than one of the same names appearing on each list becoming the permanent panel. 8.6.3 At the hearing, the EMPLOYER has the burden of producing substantial evidence tending to establish by a preponderance of the evidence that the discharge should be sustained because: 1. The conduct was serious enough to merit immediate discharge or the employee was adequately warned of the consequences of the misconduct; 11. The alleged violation is reasonably related to the efficient and safe and legal operation of the City; 111. The EMPLOYER conducted a reasonable investigation; IV. Discharge is reasonably related to the seriousness of the offense. 8.6.4. The hearing panel has the power only to reinstate the employee or sustain the discharge. 8.6.5 The parties shall share equally the costs of the hearing panel and any other costs of the hearing. 8.6.6 The decision of the hearing panel shall be final and binding, subject only to the provisions of the Uniform Arbitration Act. ARTICLE IX - PROBATIONARY PERIOD 9.1 Each newly hired or promoted employee shall serve a probationary period which shall extend from the date of employment through one (1) full year of employment with the EMPLOYER. The employee shall become a non- probationary employee upon the commencement of services on the first day of the second consecutive year of employment with the EMPLOYER. 9.2 A promoted employee who does not complete the probationary period will be reinstated in the position from which they were promoted. The returned employee shall displace any replacement who then will be dismissed without cause and without any rights to challenge the dismissal. 9.3 A newly hired probationary employee may be discharged by the EMPLOYER for 7 any reason. The discharged employee shall not have access to either the grievance procedure at Article VI or the discharge procedure in Article VIII of this Agreement. The EMPLOYER shall provide written notice of discharge and the effective date thereof to the employee and the Union. 9.4 A probationary employee may utilize the grievance procedure in Article VI regarding any grievance as defined in Section 6.1 except for a discharge or a return to a prior position from which the probationary employee has been promoted. ARTICLE X - V ACATION LEAVE 10.1 Each employee shall accrue paid vacation on a monthly basis as per the following schedule: Start until three (3) full years of service-eighty (80) hours per year Start of the fourth (4) through the ninth (9) year - one hundred twenty (120) hours per year Start of the tenth (10) through the fourteenth (14) year- one hundred sixty (160) hours per year Start ofthe fifteenth (15) year- one hundred sixty-eight (168) hours per year Start of the sixteenth (16) year- one hundred seventy -six (176) hours per year Start ofthe seventeenth (17) year - one hundred eighty-four (184) hours per year Start of the eighteenth (18) year - one hundred ninety-two (192) hours per year Start of the nineteenth (19) year and thereafter - two hundred hours per year 10.2 Vacation may be used as accrued with the prior written approval of the EMPLOYER-designated representative. 10.3 Employees who have completed their probationary period shall be allowed to carry over from one calendar year to the next two and a half (2 1/2) times their accrued vacation at the rate of accrual specified in 10.1. 8 lOA An employee who has completed a minimum of one (1) year of continuous service and who provides the EMPLOYER with a minimum of two (2) weeks of advance notice prior to leaving the City's employment shall be compensated for vacation accrued and not used at the time of separation. lO.5 In exigent circumstances, the needs of the service may be such that an employee will be unable to utilize a vacation allowance in that year. Any unused vacation time may be carried over to the following year. 10.6 The EMPLOYER reserves the right to negotiate the initial vacation accrual rate with the candidate it hires. ARTICLE XI - HOLIDAYS 11.1 The EMPLOYER shall designate thirteen (13) paid holidays of eight (8) hours at the beginning of each year. The needs of the service may require an employee to work on a day that is considered a paid holiday. If an employee works on a designated holiday, the employee would receive a "floating holiday" for the holiday worked. This floating holiday can be used at the employee's discretion, unless exigent circumstances exist, and cannot be carried over to the following year without the approval of the City Manager. ARTICLE XII - LEAVE FOR DEATH IN THE F AMIL Y The EMPLOYER authorizes each employee paid funeral leave of up to three (3) days per event should any member of his/her immediate family pass away. Requests for funeral leave shall be in writing. Funeral leave shall not be deducted from accumulated leave. For the purposes of this Article immediate family shall mean the parents, children, brother, sister, brother - in- law, sister - in - law, and grandparents of the employee and the employee's spouse. The EMPLOYER may grant additional requested funeral leave if the City Manager deems it appropriate. ARTICLE XIII - SICK LEAVE AND SEVERANCE PAY 13.1 Each employee shall earn eight (8) hours of paid sick leave for each month of service. 13.2 Each employee shall be allowed to accrue paid sick leave up to a maximum of 960 hours. Employees who have accumulated at least 480 hours of sick leave will have the option to receive one-half of such sick leave hours in excess of 480 hours at the current rate of pay. This option once exercised by an employee, shall continue until termination of employment. 13.3 The EMPLOYER my require reasonable accountability of sick leave usage. 13.4 The EMPLOYER agrees to pay upon honorable termination of any employee 9 after five (5) years of service one-half (112) of the employee's accumulated unused sick leave at the employee's current base pay rate. 13.5 Employee shall document all sick leave on a leave form provided by the EMPLOYER. ARTICLE XIV - INSURANCE 14.1 The selection of the insurance carrier and the policy shall be made by the EMPLOYER as provided by law. 14.1.1 An insurance committee with representatives from all ofthe organized bargaining units and from non-organized and management employees has been created. This committee has the responsibility to make recommendations to the City Manager regarding both the nature of the insurance coverage and costs efficiency. If a recommendation from this committee is accepted by the City Manager, then the changes approved by the City Council will be binding on all of the individuals enrolled in the City's group insurance plans. 14.2 The EMPLOYER shall contribute a sum of money per month specified below for the year specified, all toward the premium for individual or family coverage for each full-time employee who qualifies for and is enrolled in the EMPLOYER'S group health and hospitalization plan. Employees selecting individual coverage shall not receive a cash differential between the cost of the premium and the City's contribution toward the premium if that contribution exceeds the premium. Any additional cost of premium shall be borne by the employee and made by payroll deduction. . 1999 - $425 per month 14.3 The EMPLOYER shall contribute a sum of money not to exceed Forty Dollars ($40.00) per month toward the premium for individual or family coverage for each full-time employee employed by the EMPLOYER who qualifies and is enrolled in the EMPLOYER'S group dental plan. Employees selecting individual coverage shall not receive a cash differential between the cost of the premium and the City's contribution toward the premium if that contribution exceeds the premium. Any additional cost of premium shall be borne by the employee and made by payroll deduction. 14.4 The parties agree that the EMPLOYER'S only obligation is to purchase a health and dental insurance policy and pay such amounts as may be agreed to herein. No claim shall be made against the EMPLOYER as a result of denial of insurance benefits by an insurance carrier. 10 14.5 An employee is eligible for EMPLOYER contribution as provided in this Article as long as the employee is employed by the City. Upon termination of employment, all EMPLOYER contributions shall cease. . 14.6 The EMPLOYER will select and provide term life insurance in the total face amount of $40,000. The EMPLOYER will pay a sum not to exceed $9.90 per month for the foregoing coverage. In the event the premiums are increased beyond the maximum contribution provided by the EMPLOYER, such increase shall be paid by the employee through payroll deduction. ARTICLE XV - LONGEVITY PAY Longevity payments made to eligible employees prior to the ratification of the January 1, 1995 to December 31, 1997 Agreement were rolled into the base pay of those employees who were covered by that Agreement, and shall thereafter no longer be available to any employee. ARTICLE XVI - SALARIES 16.1 SALARIES: The individual salaries for the persons presently occupying the positions within the unit are set forth in Appendix A for the periods of time shown. 16.1.1 In the event that a current unit position becomes vacant for any reason, and the EMPLOYER chooses to fill the vacancy with a new employee, then the EMPLOYER reserves the right to negotiate the initial salary with the candidate that it selects. ARTICLE XVII - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEMENT 17.1 Employees who receive a vehicle allowance will receive mileage reimbursement for work related miles traveled outside the seven county metropolitan area at the per mile rate as established by the EMPLOYER based on the current Internal Revenue Service mileage allowance. 17.2 Employees who are authorized to use his/her personal vehicle in the performance of official city business shall be compensated at the per mile rate as established by the EMPLOYER based on the current Internal Revenue Service mileage allowance. 17.3 Pursuant to Minn. Stat 9 471.665, Subd. 3, in lieu ofthe mileage allowance provided in Sections 17.1 and 17.2 of this Agreement, the EMPLOYER may pay an employee as compensation or reimbursement for the 11 use by the employee of a personal automobile in a performance of official duties a monthly or periodic allowance. Appendix B B shows those employees who, will be receiving a mileage allowance, a monthly allowance, or the use of a City vehicle as of ratification of the initial contract. The parties agree that the EMPLOYER and individual employees mutually may agree to modify the automobile allowance in accordance with the law. ARTICLE XVIII - INJURY ON DUTY 18.1 Pursuant to Minn. Stat. Ch. 176, an employee who is injured on the job in the service of the City, and who is eligible for and who is collecting workers compensation insurance may draw from the employee's accumulated sick leave and receive full salary from the EMPLOYER. The salary will be reduced by an amount equal to the workers compensation insurance payments, and only that fraction of the hours not covered by insurance will be deducted from accrued sick leave. 18.2 Any employee that claims a leave due to an injury sustained on the job is subject to an examination to be made in behalf of and paid for by the EMPLOYER by a physician designated by the EMPLOYER competent to perform the same. The workers compensation reports and physicians statements are in addition to the medical reports that the EMPLOYER may require under paragraph 13.3. 18.3 In the event that Police Chief Bill O'Rourke or Police Lieutenant Steve Schmidt are injured while in the performance of duties as a licensed peace officer, they shall receive their gross salary less any workers compensation and disability insurance benefits for not more than 960 work hours without loss in accrued leave time. They must report the amount received from workers compensation to the EMPLOYER before the payment will be made. The EMPLOYER will pay the difference between the workers compensation and the disability insurance benefits and the employee's gross salary for a period of up to 960 work hours. Any such claims are subject to an examination to be made on behalf of and paid for by the EMPLOYER by a person competent to perform the same and as designated by the EMPLOYER. All other employees will be subject to the other provisions of this Article. ARTICLE XIX - HOURS OF SERVICE 19.1 PROFESSIONAL DUTIES: The Union and EMPLOYER recognizes and agrees that the employees are exempt professionals and therefore will meet the obligations and responsibilities necessary of their positions whenever and however necessary. 12 19.2 Employees will not engage in any strike while this Agreement is in effect. The term "strike" includes any concerted action, e.g., failing to report to duty, willful absence from duties, sympathy strike, the stoppage of work, a slow down, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations for employment. The EMPLOYER may, at its election, enforce this Article through the courts or the grievance procedure. 19.3 Working out of Classification. An employee assigned by the City Manager to an interim position calling for the performance of duties of that employee's supervisor for a period of time equal to or greater than one-quarter of a year shall be paid at a salary for that period of time which is equal to the minimum salary of the position being filled. ARTICLE XX - TUITION REIMBURSEMENT 20.1 The EMPLOYER agrees to reimburse an employee for the cost of tuition and books for a college level course provided that it is pre-approved by the City Manager, is budgeted for in advance, and the employee receives a grade of C or better. 20.2 If an employee voluntarily resigns his/her position within one year after the completion of said course(s), helshe shall reimburse the EMPLOYER for all costs paid under the terms of this Article. 20.3 It is agreed and understood that any employee who is authorized to receive Veteran's benefits for such schooling will exhaust such Veteran's benefits prior to applying to the EMPLOYER for the payment of such tuition and books. ARTICLE XXI - LICENSE REIMBURSEMENT 21.1 The EMPLOYER agrees to pay the license fees for the following required Licenses and renewal of same: POST Board Peace Officer License MPCA Sewer Collection Operators License Chemical Application License MN. Department of Health Water Distribution Operators License Prof. Engineer License Class B Driver's License 21.2 Employees shall not use licenses paid by the EMPLOYER for personal or private employment or gain. 13 ARTICLE XXII - DURATION 22.1 This Agreement shall be effective from January 1,1999 to December 31, 1999. 22.2 Effective after December 31, 1997, the terms and conditions set forth in this current Agreement shall constitute the complete agreement between the parties. No past practices, administrative interpretations or any other actions or communications on behalf of either party shall be deemed to be part of this current Agreement. Grievances may be filed only to resolve the dispute or disagreement involving a provision within this current master contract, and shall not include any past practice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,199_. SIGNATURES: CITY OF PRIOR LAKE, MINNESOTA MINNESOTA TEAMSTERS AND LAW ENFORCEMENT EMPLOYEES UNIO , LOCAL O. 320 Mayor Dated: Dated: :J/??'D /9/ f ' ATTEST: City Manager Dated: Dated: "3 - s 0 -- c;~ 14 APPENDIX A - SALARIES POSITION Public Works Director Greg Ilkka Assistant Engineer Sue McDermott Public Works Supervisor Doug Hartman Planning Director Don Rye Planning Coordinator Jane Kansier Parks and Recreation Director Paul Hokeness Recreation Supervisor Chris Esser Parks Supervisor Al Friedges Building Official Bob Hutchins Police Chief Bill O'Rourke Police Lieutenant Steve Schmidt 1999 $67,662.00 $53,148.00 $50,524.00 $63,780.00 $48,174.00 $63,780.00 $43,581.00 $51,589.00 $50,491.00 $69,092.00 $63,095.00 A APPENDIX B - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEMENT CHART In accordance with Section 17.3, the following chart shows the status of employees who receive a mileage reimbursement, a monthly allowance, or use of a City vehicle effective after the date of ratification of this Agreement: Mileage Reimbursement $200 Monthly Allowance Use of City Vehicle Public Works Director Public Works Supervisor Assistant Engineer Parks Supervisor Planning Director Police Lieutenant Parks and Recreation Director Building Official Police Chief Planning Coordinator Recreation Supervisor B